CHAPTER 9001. SMILEY ROAD WATER CONTROL AND IMPROVEMENT DISTRICT
SPECIAL DISTRICT LOCAL LAWS CODE
TITLE 6. WATER AND WASTEWATER
SUBTITLE I. WATER CONTROL AND IMPROVEMENT DISTRICTS
CHAPTER 9001. SMILEY ROAD WATER CONTROL AND IMPROVEMENT DISTRICT
For contingent expiration of this chapter, see Sec. 9001.003.
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9001.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the district.
(2) "Director" means a member of the board.
(3) "District" means the Smiley Road Water Control and
Improvement District.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.002. NATURE OF DISTRICT. The district is a water
control and improvement district in Denton County created under
and essential to accomplish the purposes of Section 52, Article
III, and Section 59, Article XVI, Texas Constitution. The
district is created to serve a public use and benefit.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.003. CONFIRMATION ELECTION REQUIRED. If the creation
of the district is not confirmed at a confirmation election held
under Section 9001.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007, except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of debts shall be
transferred to Denton County; and
(C) the organization of the district shall be maintained until
all debts are paid and remaining assets are transferred; and
(2) this chapter expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.004. INITIAL DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of the
Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative
process does not affect:
(1) the organization, existence, or validity of the district;
(2) the right of the district to impose ad valorem taxes; or
(3) the legality or operation of the district or the board.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.005. APPLICABILITY OF OTHER LAW. Except as otherwise
provided by this chapter, Chapters 49 and 51, Water Code, apply
to the district.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
SUBCHAPTER A1. TEMPORARY PROVISIONS
For expiration of this subchapter, see Sec. 9001.025
Sec. 9001.021. TEMPORARY DIRECTORS. (a) The temporary board
consists of:
(1) Brett Blakey;
(2) Michael Cummings;
(3) Shane Jordan;
(4) Mike Miller; and
(5) Mike Mollo.
(b) If a temporary director fails to qualify for office, the
Texas Commission on Environmental Quality shall appoint a person
to fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section 9001.023; or
(2) the date this chapter expires under Section 9001.003.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS.
As soon as practicable after all the temporary directors have
qualified under Section 49.055, Water Code, the temporary
directors shall meet and elect officers from their membership.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION.
Before September 1, 2007, the temporary directors shall hold an
election to confirm the creation of the district and to elect
five directors as provided by Section 49.102, Water Code.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.024. INITIAL ELECTED DIRECTORS; TERMS. The directors
elected under Section 9001.023 shall draw lots to determine which
two shall serve until the first regularly scheduled election of
directors under Section 9001.052 and which three shall serve
until the second regularly scheduled election of directors.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9001.051. DIRECTORS; TERMS. (a) The district is governed
by a board of five directors.
(b) Directors serve staggered four-year terms.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.052. ELECTION OF DIRECTORS. On the uniform election
date in May of each even-numbered year, the appropriate number of
directors shall be elected.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9001.101. GENERAL POWERS. (a) The district has:
(1) all of the rights, powers, privileges, authority, functions,
and duties provided by the general law of this state, including
Chapters 49 and 51, Water Code, applicable to water control and
improvement districts created under Section 59, Article XVI,
Texas Constitution; and
(2) subject to Section 9001.105, the rights, authority,
privileges, and functions of a road district operating under
Section 52(b)(3), Article III, Texas Constitution, Chapter 257,
Transportation Code, and other general laws of this state
relating to road districts.
(b) The district may provide water, sanitary sewer, drainage,
and, subject to Section 9001.105, road services to each part of
the district not receiving those services on the effective date
of the Act creating this chapter.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.102. AUTHORITY TO CONTRACT WITH OWNERS OF REAL
PROPERTY IN DISTRICT. The district may enter into a contract
with an owner of real property in the district for the
construction, acquisition, financing, ownership, maintenance, and
operation of a work or project described by Section 9001.101(b).
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.103. CONTRACTS WITH CITY OF CELINA. The district
shall use its best efforts to acquire water, sewer, and other
powers permitted by law and, if successful, to enter into a
contract with the City of Celina to provide water, sewer, and
other services to the city.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.104. PROHIBITION ON DIVISION OF DISTRICT. The
district may not divide into two or more districts in the manner
specified by Section 51.748 or 53.029, Water Code.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.105. VOTER APPROVED ROAD DISTRICT POWERS. (a) If a
majority of the voters of the district vote in favor of the
district's assumption of road district powers in the manner
provided by Section 53.029, Water Code, at an election held for
that purpose, the district shall assume the rights, authority,
privileges, and functions of a road district as described by
Section 9001.101(a)(2).
(b) If the voters approve road district powers under Subsection
(a), the district may provide for, or provide aid for, the
construction, acquisition, financing, maintenance, and operation
of macadamized, graveled, or paved roads inside the district.
Road district powers under this section do not include any powers
related to the construction, acquisition, financing, maintenance,
or operation of a turnpike or toll road.
(c) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which
the district is located.
(d) The district may not undertake a road project unless each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless the county in which the
district is located consents by ordinance or resolution.
(e) If the district assumes road district powers under this
section, construction plans and specifications for all roads must
be submitted to Denton County for approval.
(f) Section 49.182, Water Code, does not apply to a project
undertaken by the district under this section.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.106. ADDITION OF LAND TO DISTRICT. The district may
add land to the district in the manner provided by Section
49.301, Water Code, if the owner of the land submits a petition
to the district for the addition of the land to the district and
the land is adjacent to the territory of the district or is
separated from the district only by public land or a
right-of-way.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9001.151. AD VALOREM PLAN OF TAXATION. The district shall
use the ad valorem plan of taxation, subject to voter approval at
an election held in the district for that purpose.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.152. AD VALOREM TAX FOR ROAD PROJECTS. The district
may impose an ad valorem tax to pay the principal of or interest
on bonds issued under Section 9001.201(b) to finance projects
under Section 9001.105.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.153. UTILITY EXEMPTION FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, equipment, rights-of-way, facilities,
or improvements of:
(1) an electric utility as defined by Section 31.002, Utilities
Code;
(2) a gas utility as defined by Section 101.003 or 121.001,
Utilities Code;
(3) a telecommunications provider as defined by Section 51.002,
Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section 522.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
SUBCHAPTER E. BONDS
Sec. 9001.201. AUTHORITY TO ISSUE BONDS. (a) The district may
issue bonds as provided by Chapter 49 or 51, Water Code, or
Section 53.029, Water Code, the general laws of this state, or
this section.
(b) Except as provided by Subsection (c) and Section 9001.202,
the district may issue bonds, notes, or other obligations as
provided by Section 53.029, Water Code, to finance, or assist in
the financing of, projects under Section 9001.105.
(c) The district may not issue bonds under Subsection (b) unless
the issuance is authorized by two-thirds of the district's voters
voting at an election called for that purpose.
(d) Section 49.181, Water Code, does not apply to a bond issued
by the district under Section 53.029, Water Code.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.202. LIMIT ON BONDS AND OTHER OBLIGATIONS. (a)
Bonds, notes, or other obligations issued or incurred by the
district under Section 53.029, Water Code, may not exceed
one-fourth of the assessed value of the real property in the
district.
(b) The district may not issue bonds until a development
agreement between the City of Celina and the district has been
signed.
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.
Sec. 9001.203. USE OF BOND PROCEEDS. The district may use
proceeds from the sale of bonds to acquire improvements or
facilities:
(1) from a private water supply corporation to provide water or
sanitary sewer services to territory in the district; or
(2) to provide services described by Section 9001.101(b).
Added by Acts 2005, 79th Leg., Ch.
446, Sec. 1, eff. June 17, 2005.